Can You Be Charged with a Sex Crime Without Physical Evidence?
If you’ve been charged with a sex crime in Indiana, you might wonder about the type of evidence the prosecution may present against you and whether they can even charge you without any physical evidence. Every case is different.
Whether or not you can be charged with a sex crime without physical evidence will depend on the individual circumstances of your case.
An experienced Indianapolis criminal defense lawyer from The Criminal Defense Team can review your case and the evidence against you to build a solid defense strategy.
What Is a Sex Crime?
A sex crime is illegal sexual behavior, typically based on the other party’s non-consent in the sexual activity, either due to physical or mental incapacity, age, or other characteristics. Common examples of sex crimes in Indiana include the following:
- Sexual misconduct with a minor
- Rape
- Sexual battery
- Sexual misconduct by a service provider
- Possession of child pornography
- Child molestation
- Vicarious sexual gratification or sexual conduct in the presence of a minor
- Voyeurism
- Public indecency
- Distribution of an intimate image
These crimes are serious. Many of them are classified as felonies and can result in significant prison time, fines, and the requirement to register as a sex offender.
What Is Physical Evidence?
Physical evidence is a tangible object or trace relevant to a case that can be examined to establish facts, link suspects to a crime scene, or reconstruct events. Common examples of physical evidence in sex crime cases include:
- DNA: DNA links a particular person to a specific object. It can take the form of semen, blood, saliva, other bodily fluids, or “touch DNA.”
- Fingerprints: The prosecution may present evidence matching your unique fingerprints that show you were in a certain location or touched an object relevant to the encounter.
- Clothing: Your clothing could be analyzed for DNA, blood, or other evidence of the murder.
- Linens: The prosecution may present torn or bloody sheets, blankets, pillows, or other linens or linens that have evidence of the sexual encounter.
- Weapons: The prosecutor may present evidence linking you to a weapon used or brandished at the scene of the crime.
- Restraints: The prosecution may present evidence of handcuffs, zip ties, rope, or other restraints used during the incident.
What Other Evidence Can Prosecutors Present at a Sex Crime Trial?
The prosecution is not required to present any specific type of evidence to charge a person with a sex crime. They can present other evidence, such as:
- Victim statements: The prosecution can ask the victim to provide testimony or present statements the victim made about the events in question.
- Witness testimony: The prosecution can also ask others about what they observed.
- Expert witness testimony: The prosecution can call medical experts to testify about the victim’s injuries, law enforcement officers to testify about the investigation and collection of evidence, lab technicians to testify about how evidence was processed, or other expert witnesses who can testify about the technical aspects of the case.
- Your admissions: The prosecution can present evidence of any statements you made admitting to details regarding the event.
- Digital evidence: Digital evidence can show the communications you had with the alleged victim.
The Criminal Defense Team Can Help If You’re Charged with a Sex Crime
Criminal cases have the highest burden of proof because the stakes are so high. The board-certified criminal trial specialists at The Criminal Defense Team of Baldwin Perry & Wiley PC can hold the prosecution to this burden and exploit weaknesses in its case. Contact us today at (317) 687-8326 to schedule a free and confidential consultation.